AMM15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 443

AMM15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 443

The appellant failed to establish any arguable jurisdictional error on the new proposed grounds; the Tribunal’s findings were open on the evidence and statute, complied with statutory directions, and there was no denial of procedural fairness. Further, there is no purpose to be served by setting aside the original orders as the same orders would be made. Hence, the application to set aside is dismissed with costs.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Application to Set Aside Final Orders / Interlocutory Application / Post Judgment / Application to Set Aside Orders After Appeal Dismissed Ex Parte
Outcome
interlocutory application dismissed with costs
Legal Topics
['judicial Review—migration Act 1958 (cth)' 'setting Aside Ex Parte Orders' 'jurisdictional Error' 'procedural Fairness' 'dfat Country Information and Ministerial Directions' 'grounds of Appeal Amendment']
['administrative Law' 'migration Law'] ['judicial Review—migration Act 1958 (cth)' 'setting Aside Ex Parte Orders' 'jurisdictional Error' 'procedural Fairness' 'dfat Country Information and Ministerial Directions' 'grounds of Appeal Amendment']

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Procedural Posture

Application to Set Aside Final Orders / Interlocutory Application / Post Judgment / Application to Set Aside Orders After Appeal Dismissed Ex Parte

Legal Issues

  1. 1 ['Whether the court should set aside final orders dismissing the appeal with costs made when the appellant was absent' 'Whether the Tribunal committed jurisdictional error in considering procedural fairness, statutory interpretation, application of Ministerial Direction, and assessment of facts under the Migration Act 1958 (Cth)']

Ratio Decidendi

The appellant failed to establish any arguable jurisdictional error on the new proposed grounds; the Tribunal’s findings were open on the evidence and statute, complied with statutory directions, and there was no denial of procedural fairness. Further, there is no purpose to be served by setting aside the original orders as the same orders would be made. Hence, the application to set aside is dismissed with costs.

Court Disposition

interlocutory application dismissed with costs

Orders

  • ['The interlocutory application filed on 10 March 2016 be dismissed.' 'The applicant pay the costs of the first respondent.']